If you think refusing a breath test during a DUI stop just means losing your license, think again. Beginning October 1, 2025, Florida’s new Trenton’s Law turns a first refusal into a criminal offense and sends repeat DUI-manslaughter offenders to prison for up to 30 years.
What Has Changed?
Here’s a breakdown of the major shifts in Florida’s DUI regime under Trenton’s Law (House Bill 687).
1. First-time refusal to take a breath or urine test becomes a crime
Under prior law, if you were lawfully arrested for a DUI and refused a breath, blood or urine test, you faced driver’s license suspension but not a criminal charge for a first refusal. Source
Under Trenton’s Law, effective October 1, 2025:
-
A first refusal to submit to a lawful breath or urine test after a DUI arrest is now a second-degree misdemeanor, punishable by up to 60 days in jail and a fine (and a license suspension still applies). Source
-
The law also retains stricter penalties for a second or subsequent refusal (first-degree misdemeanor, up to 1 year in jail, etc.).
What this means for drivers: A stop for suspected DUI now has higher stakes, saying “no” to testing may no longer appear as a purely administrative decision.
2. Harsher penalties for repeat DUI-manslaughter (and related offenses)
Trenton’s Law also elevates the severity of repeat offenses involving death:
-
For a repeat conviction of DUI manslaughter, boating under the influence (BUI) manslaughter, vehicular homicide, or vessel homicide (when there’s a prior conviction in any of those categories), the offense is upgraded from a second‐degree felony (max ~15 years) to a first‐degree felony (max up to 30 years).
-
The bill analysis specifies that enhanced penalties “may lead to an increase in prison admissions and offenders being sentenced to longer terms of incarceration.”
In short: Repeat deadly DUI-type conduct will face its toughest sanctions.
3. What about standard DUIs?
While the law’s major headline changes focus on test refusal and fatality‐offenses, defense attorneys note that the overall climate is shifting: prosecutors and judges are likely to treat even non-fatal DUI cases more aggressively in the post-Trenton’s Law environment. McQuaid Defense
Why the Change?
-
The law was named in honor of Trenton Stewart (some sources reference his age at 18) who was killed by a repeat DUI offender. The offender had a prior conviction yet was still on the road.
-
Legislators and victim advocates pushed the reform to close what was viewed as a dangerous “loophole” in which test refusals (even for first-offense DUIs) were non-criminal, and repeat deadly offenders avoided the maximum penalties. Florida’s Voice
-
The objective is deterrence: stronger consequences for test refusal (which undermines evidence gathering) and for repeat offenders who cause death.
What This Means for You (or Someone You Care About)
-
Don’t assume the same rules apply. If you’re pulled over for suspected DUI in Florida on or after Oct 1, 2025, refusing a breath or urine test is not just an administrative problem, it can turn into a criminal charge.
-
License suspensions still apply, and now the risk of jail time is present even on first refusals.
-
If someone with prior DUI manslaughter, BUI‐manslaughter, or vehicular/vessel homicide convictions is involved in another fatal crash under the influence, they now face far greater prison exposure (up to ~30 years).
-
For non-fatal DUI stops: even if the case looks like a “simple DUI,” the heightened environment means that prosecutors may have less tolerance and offer fewer favorable deals. Facing a DUI? It’s more important than ever to seek experienced representation.
Instagram: @dtl_injury_attorneys
Facebook: facebook.com/demandthelimitsinjuryattorneys
Notice: This blog is for informational purposes only and does not constitute legal advice. Every case is different; consult a licensed attorney to evaluate your individual situation.
